ERIC Number: EJ1321426
Record Type: Journal
Publication Date: 2021
Pages: 7
Abstractor: ERIC
ISBN: N/A
ISSN: EISSN-2160-1682
EISSN: N/A
Available Date: N/A
Going Down the River: Legal Concerns of a Tourist Injured While Inner Tubing. You and the Law
Miller, John J.; Paschen, Tucker L.; Doss, Kelvin D.
Physical Educator, v78 n5 p553-559 2021
The case of "Pellham v. Let's Go Tubing, Inc." (2017) is the result of the plaintiff striking a fallen log in the river after he fell off an inner tube he had rented from the defendants. The plaintiff sustained a ruptured eardrum, lower-disk problems in his back, a radiating foot pain, and eventually a neck fusion. The plaintiff alleged the defendants owed him a duty to warn about a fallen log in the river that was unseen but close to the entry site to the river that the defendants had chosen. The trial court provided summary judgment against the plaintiff that was later upheld in the Court of Appeals in the state of Washington. The article examines the case and why participants need to understand that while a duty is owed to them, they may waive the right to pursue litigation because of the inherent risks in the activity and their assumption of risk.
Descriptors: Court Litigation, Risk, Legal Responsibility, Negligence, Recreational Activities, Injuries
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Washington
Grant or Contract Numbers: N/A
Author Affiliations: N/A